Steps to create a mining claim
Posted: Wed Aug 26, 2026 4:34 pm
For BLM controlled lands:
Timely recording and fees:
After locating the claim, you must record the required location documents with the appropriate Colorado county recorder and file the required documents and fees with the Bureau of Land Management within the applicable deadlines. You must also pay annual maintenance fees or qualify for a small-miner maintenance-fee waiver.
For Colorado, the practical process is:
1. Check BLM and county records for existing claims.
2. Confirm that the specific parcel is open to mineral entry.
3. Locate and mark the claim on the ground.
4. Prepare a compliant location notice or certificate.
5. Record it with the county clerk and recorder.
6. File with the appropriate BLM Colorado office and pay the required fees.
7. Maintain the claim annually.
Filing paperwork does not by itself guarantee a valid claim. A claim can be invalid if the land is closed, the boundaries are defective, the mineral is not locatable, or there is no adequate discovery. State and federal requirements can also differ, so the exact county and land status matter.
For USFS lands:
The basic federal claim-location rules are largely the same, but National Forest land adds Forest Service requirements because the Forest Service manages the surface while the BLM manages the federal minerals and mining-claim records. Claims can be located on National Forest System land only if the land and minerals are open to mineral entry.
The main differences are:
Check both land and mineral status. Confirm with the appropriate Forest Service district office and BLM records that the parcel is open, the minerals are federally owned, and no existing claim, withdrawal, wilderness designation, or other restriction applies. Acquired National Forest lands may not be claimable under the Mining Law; a different prospecting authorization may be required.
Follow Forest Service surface-use rules. Staking and low-impact prospecting may be allowed, but digging, mechanized equipment, road construction, suction dredging, drilling, or other significant disturbance can require Forest Service approval, a plan of operations, bonding, and reclamation. Forest Service regulations for locatable minerals are primarily in 36 CFR Part 228, Subpart A.
Stake and mark the claim under state law. Place the required corner and discovery monuments and post a location notice. State requirements—such as marker dimensions, wording, and recording deadlines—still apply on National Forest land.
Record with both offices. Record the claim with the county recorder and file the required paperwork with the BLM state office. Federal recording is generally due within 90 days of location, but state law may impose an earlier deadline. Pay the applicable processing, location, and maintenance fees.
Bureau of Land Management
Do not treat the claim as a private homestead. An unpatented claim gives rights related to developing and extracting a valid mineral deposit; it does not give unlimited rights to occupy the land, exclude the public, or use it merely as a rockhounding site.
Timely recording and fees:
After locating the claim, you must record the required location documents with the appropriate Colorado county recorder and file the required documents and fees with the Bureau of Land Management within the applicable deadlines. You must also pay annual maintenance fees or qualify for a small-miner maintenance-fee waiver.
For Colorado, the practical process is:
1. Check BLM and county records for existing claims.
2. Confirm that the specific parcel is open to mineral entry.
3. Locate and mark the claim on the ground.
4. Prepare a compliant location notice or certificate.
5. Record it with the county clerk and recorder.
6. File with the appropriate BLM Colorado office and pay the required fees.
7. Maintain the claim annually.
Filing paperwork does not by itself guarantee a valid claim. A claim can be invalid if the land is closed, the boundaries are defective, the mineral is not locatable, or there is no adequate discovery. State and federal requirements can also differ, so the exact county and land status matter.
For USFS lands:
The basic federal claim-location rules are largely the same, but National Forest land adds Forest Service requirements because the Forest Service manages the surface while the BLM manages the federal minerals and mining-claim records. Claims can be located on National Forest System land only if the land and minerals are open to mineral entry.
The main differences are:
Check both land and mineral status. Confirm with the appropriate Forest Service district office and BLM records that the parcel is open, the minerals are federally owned, and no existing claim, withdrawal, wilderness designation, or other restriction applies. Acquired National Forest lands may not be claimable under the Mining Law; a different prospecting authorization may be required.
Follow Forest Service surface-use rules. Staking and low-impact prospecting may be allowed, but digging, mechanized equipment, road construction, suction dredging, drilling, or other significant disturbance can require Forest Service approval, a plan of operations, bonding, and reclamation. Forest Service regulations for locatable minerals are primarily in 36 CFR Part 228, Subpart A.
Stake and mark the claim under state law. Place the required corner and discovery monuments and post a location notice. State requirements—such as marker dimensions, wording, and recording deadlines—still apply on National Forest land.
Record with both offices. Record the claim with the county recorder and file the required paperwork with the BLM state office. Federal recording is generally due within 90 days of location, but state law may impose an earlier deadline. Pay the applicable processing, location, and maintenance fees.
Bureau of Land Management
Do not treat the claim as a private homestead. An unpatented claim gives rights related to developing and extracting a valid mineral deposit; it does not give unlimited rights to occupy the land, exclude the public, or use it merely as a rockhounding site.